§107.4. Unlawful posting of criminal activity for notoriety and publicity

            A. It shall be unlawful for a person who is either a principal or accessory to a crime to obtain an image, live-stream, or video of the commission of the crime using any camera, videotape, photo-optical, photo-electric, or any other image recording device and to transfer that image, live-stream, or video obtained during the commission of the crime by the use of a computer online service, internet service, or any other means of electronic communication, including but not limited to a local bulletin board service, internet chat room, electronic mail, or online messaging service for the purpose of gaining notoriety, publicity, or the attention of the public.

            B.(1) Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

            (2) Whoever violates the provisions of this Section and the criminal activity results in the serious bodily injury or death of the victim shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not more than eight years, or both.

            C. The provisions of this Section shall not apply to any of the following:

            (1) The obtaining, use, or transference of such images, live-streams, or videos by a telephone company, cable television company, or any of its affiliates, an internet provider, or commercial online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, internet, or commercial online services or in the production, exhibition, or presentation of an audiovisual work in any medium, including but not limited to a motion picture or television program.

            (2) The obtaining, use, or transference of such images, live-streams, or videos by a law enforcement officer pursuant to investigation of criminal activity.

            (3) The obtaining, use, or transference of such images, live-streams, or videos by any bona fide member of the news media broadcasting a news report through television, cable television, or other telecommunication.

            (4) The obtaining, use, or transference of such images, live-streams, or videos for use in a feature-length film, short subject film, video, television series, television program, public service announcement, or commercial.

            D. After the institution of prosecution, access to any material seized as evidence of this offense shall be in accordance with Code of Criminal Procedure Article 718.1.

            E. Any evidence resulting from the commission of unlawful filming or recording criminal activity shall be contraband. The court, upon motion of the district attorney and after a contradictory hearing, may order the destruction of the contraband after it is determined that it is no longer needed as evidence. The contraband shall be presumed to be necessary as evidence if an appeal of the conviction is pending, if the convicted person is pursuing post-conviction remedies, or if the time for pursuing an appeal or post-conviction remedies has not expired.

            F. For the purposes of this Section, "live-stream" shall mean a video of an event distributed on the internet while the event is taking place.

            Acts 2008, No. 660, §1; Acts 2020, No. 353, §2; Acts 2021, No. 462, §1; Acts 2024, No. 130, §1.